MPs to assess technological feasibility of requirements under proposed new surveillance laws – OUT-LAW.com

‘MPs at the UK parliament will assess whether it is technologically feasible for companies to comply with new communication surveillance laws that have been proposed.’

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OUT-LAW.com, 13th November 2015

Source: www.out-law.com

Automotive Automatism – Zenith PI Blog

Posted November 16th, 2015 in automatism, defences, news, personal injuries, road traffic by sally

‘I recently appeared in a County Court trial on behalf of the Defendant in which we were relying upon the rarely employed defence of automatism. For those of you who might stumble upon this sort of case once in a while, this article may provide some assistance as to how the Court will deal with such a defence.’

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Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

Leveson: civil courts could introduce online screening of cases – Litigation Futures

Posted November 16th, 2015 in case management, civil justice, dispute resolution, family courts, news by sally

‘Sir Brian Leveson, president of the Queen’s Bench Division, has argued that a “change in approach” is needed by the civil and family courts, including the introduction of a “screening process”.’

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Litigation Futures, 13th November 2015

Source: www.litigationfutures.com

Legal aid cuts: MoJ puts brakes on changes as solicitors revolt – The Independent

Posted November 16th, 2015 in budgets, law firms, legal aid, Ministry of Justice, news, tenders by sally

‘Moves to overhaul the legal-aid system have been delayed by the Ministry of Justice (MoJ) in the face of more than 100 challenges from solicitors’ firms who claim the whole process is fundamentally flawed.’

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The Independent, 15th November 2015

Source: www.independent.co.uk

The Gayle Newland sentence sets a dangerous precedent for transgender rights – Daily Telegraph

Posted November 16th, 2015 in news, rape, sentencing by sally

‘The trial of a woman who used a dildo to pose as a man exposes legal confusion about just what you can conceal from your lovers ‘

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Daily Telegraph, 13th November 2015

Source: www.telegraph.co.uk

Jeremy Clarkson and BBC sued for racial discrimination by Top Gear producer – The Guardian

Posted November 16th, 2015 in media, news, personal injuries, race discrimination by sally

‘The Top Gear producer verbally and physically attacked by Jeremy Clarkson is suing the BBC and the former presenter of the BBC2 motoring show for more than £100,000 for racial discrimination and personal injury.’

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The Guardian, 13th November 2015

Source: www.guardian.co.uk

Suspension for barrister who appeared in court without practising certificate – Legal Futures

Posted November 16th, 2015 in barristers, disciplinary procedures, news by sally

‘A Bar disciplinary tribunal has suspended barrister Martin Wynne Jones for three months for representing clients in court without a practising certificate.’

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Legal Futures, 13th November 2015

Source: www.legalfutures.co.uk

Judge vows to end secrecy in baby death case – Daily Telegraph

Posted November 16th, 2015 in children, homicide, inquests, misfeasance in public office, news, police by sally

‘Judge says new hearing will allow public to know about “troubling circumstances” of Poppi Worthington’s death.’

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Daily Telegraph, 12th November 2015

Source: www.telegraph.co.uk

DNR order ‘violated disabled man’s human rights’ – BBC News

‘A ‘do not resuscitate’ (DNR) order put on a disabled man’s records without consulting his mother breached his human rights, the High Court has ruled.’

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BBC News, 13th November 2015

Source: www.bbc.co.uk

Gamekeeper’s environmental Aarhus claim to shoot buzzards? – UK Human Rights Blog

‘An interesting point arose in this judicial review (for which see Rosalind English’s post here). Could the claimant get the benefit of an order that any costs he might have had to pay were capped at £5,000? The original judge, Thirlwall J, when granting permission, had refused this costs protection. Ouseley J granted it, though, because the claimant won, the order is academic (short of a successful appeal by the defendant). ‘

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UK Human Rights Blog, 14th November 2015

Source: www.ukhumanrightsblog.com

Why your in-laws want you to sign a prenuptial agreement – The Guardian

Posted November 16th, 2015 in families, news, prenuptial agreements by sally

‘Prenups are growing in popularity, as parents worry that their contribution to a child’s house deposit will be half-inched by a wayward partner.’

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The Guardian, 15th November 2015

Source: www.guardian.co.uk

Woman who posed as man jailed for sex assaults – BBC News

Posted November 12th, 2015 in news, sentencing, sexual offences by sally

‘A woman who posed as a man to dupe her friend into having sex with her has been jailed for eight years.’

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BBC News, 12th November 2015

Source: www.bbc.co.uk

Open Offers: A Practical View from the Bar – Littleton Chambers

Posted November 12th, 2015 in civil procedure rules, construction industry, costs, news by sally

‘In his monthly column, James Bickford Smith discusses the High Court’s decision in The Dorchester Group Limited t/a The Dorchester Collection v Kier Construction Limited [2015] EWHC 3051 (TCC) concerning an open offer of settlement.’

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Littleton Chambers, 11th November 2015

Source: www.littletonchambers.com

Yes you can discriminate against a company (but you shouldn’t!) – No. 5 Chambers

‘How odd, you might think. A company can suffer a detriment under the Equality Act 2010 and so bring a claim for direct discrimination. Yet a company is impersonal and protected characteristics are highly personal that only individuals can have. How can that be?’

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No. 5 Chambers, 8th October 2015

Source: www.no5.com

MOJ Portal Stage 3 and Part 36: What are protocol offers? – Park Square Barristers

‘A regular issue that is being raised at MOJ Stage 3 hearings, particularly since the introduction of the 13th edition of the JC Guidelines: can parties make new offers in their Part B forms and benefit from the cost consequences of Part 36.29 for beating/matching them? This article aims to set out the relevant rules and paragraphs to determine this issue.’

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Park Square Barristers, 6th November 2015

Source: www.parksquarebarristers.co.uk

Mental Capacity Law Newsletter – 39 Essex Chambers

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, November 2015

Source: www.39essex.com

Postman walks free after stealing 11,000 items of post over 22 years – Daily Telegraph

‘A postman who has stolen over 11,000 items of post since 1993 says he is “so sorry” for what he did.’

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Daily Telegraph, 12th November 2015

Source: www.telegraph.co.uk

Air freight damages claim struck out as “irresponsible” and lacking in authority – Zenith Chambers

Posted November 12th, 2015 in abuse of process, airlines, class actions, damages, news, striking out by sally

‘The High Court has struck out claims against British Airways for damages allegedly arising from the air freight cartel on the basis of lack of authority. The claim was issued on behalf of 64,697 claimants, all members of the Chinese Chamber of International Commerce (CCOIC), an organisation that issues certificates of origin when goods are exported from China.’

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Zenith Chambers, 2nd November 2015

Source: www.zenithchambers.co.uk

Police ‘overlooked threat’ to man killed after being mistaken for paedophile – The Guardian

Posted November 12th, 2015 in misfeasance in public office, murder, news, police by sally

‘Three experienced police constables and a community support officer failed to deal with complaints made by a vulnerable disabled man in the 48 hours before he was murdered and his body set on fire by vigilantes, a court has heard.’

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The Guardian, 11th November 2015

Source: www.guardian.co.uk

MoJ to publish impact of reforms on civil legal aid – Law Society’s Gazette

Posted November 12th, 2015 in civil justice, legal aid, news, reports, select committees by sally

‘Government research on the impact of its reforms on civil legal aid are expected to be published by the end of the year, the Ministry of Justice has revealed.’

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Law Society’s Gazette, 11th November 2015

Source: www.lawgazette.co.uk